Of Law and Order
TOLENTINO: NJ ADVANCE MEDIA / L ANDOV
“I’ve tried today to emphasize that regulations are an important and valuable force in our society, and are the reason that the air we breathe and the water we drink is clean, our food and medicine is safe, our workplaces are secure, our markets operate as advertised, and our values are embodied in our public and our private institutions.”
Professor of Practice Sally Katzen Senate Committee on Homeland Security and Governmental Affairs “Toward a 21st-Century Regulatory System” February 25, 2015
Fuchsberg Professor of Law. Friedman is writing a book on policing and the Constitution, serves as the reporter for the American Law Institute’s new Principles of the Law: Police Investigations, and has published extensively on police regulation and constitutional law. “The truth is, the fault is ours. For the most part, we authorize police to enforce the law in the broadest terms, and then we cross our fingers and hope that each of the roughly 15,000 policing agencies across the country strikes the optimal balance between the various interests at stake.” Friedman proposes a fundamental change: move
through legislative testimony, developing policing best practices, data gathering and analysis, and, where appropriate, legislation. “Policing simply will not be on a firm footing until it has more of a democratic pedigree,” says Friedman. “Our goal is to collaborate with a variety of partners— including, importantly, the police themselves—to help make this a reality.”
Tolentino’s 1976 swearing-in, conducted by Judge Harry Hazelwood and witnessed by Ernest Tolentino and Mayor Paul Jordan.
A Judge Who Delivered Jersey City, New Jersey, posthumously honored native daughter Judge Shirley Tolentino LLM ’82 last December, when the Bergen South Post Office was renamed for her. Tolentino, the only African American woman in her class at Seton Hall University School of Law, was a deputy attorney general of the State of New Jersey before becoming the first African American woman on the Jersey City Municipal Court in 1976 and, subsequently, that court’s first African American female presiding judge. In 1984, Tolentino, who had been a community activist since early in her legal career, became the first African American woman appointed to the New Jersey Superior Court. She remained on that bench until her death in 2010. In House discussion of the renaming, US Representative Blake Farenthold called Tolentino “a pillar of her community and a strong role model for women and men of all ages.”
University of Virginia Law Professor Michael Livermore ’06 and two Dartmouth College computer scientists have published an article in the 2015 Washington University Law Review asserting that over time Supreme Court opinions have become longer, more layperson-friendly, and increasingly grumpy. Using computer analysis of negative and positive language in Supreme Court opinions from 1791 to 2008, the authors gave 107 justices a “friendliness score” and determined that five current justices are among the 10 most cross: Samuel Alito, Stephen Breyer, Anthony Kennedy, Antonin Scalia, and Clarence Thomas.
NYU LAW 2015
Unlike most other government agencies, policing agencies from the local police department all the way up to the National Security Agency act with little explicit legislative authorization, and generally lack a process for public rulemaking. In short, they are not authorized democratically the same way that the rest of government is. A police chief who wishes to deploy a drone, for instance, can do so without needing to follow written procedures, justifying the decision, or seeking responses from the public. “When things go awry, we blame the police,” says Barry Friedman, Jacob D.
policing agencies toward principles of democratic authorization. To help ensure that policing occurs within democratic norms and that it is minimally intrusive on civil rights, Friedman has founded the Policing Project at NYU Law. The project will focus initially on practices that implicate Fourth Amendment rights: surveillance, seizure of persons or property, and use of force. Ultimately the project will also move toward promoting legislative authorization of police tactics, police utilization of public rulemaking, and data-driven policing that meets the criteria of costbenefit analysis. Under Friedman’s direction, the project will work to achieve its goals
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